KAMLESH TIRTHDAS GANGWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this revision application, the applicant has prayed to quash and set aside the order dtd. 19/7/2021 passed by the learned Sessions Judge, Vadodara below application Exhibit-5 in Sessions Case No.238 of 2019 whereby, the said application was allowed and the case was ordered to be remitted to the Magisterial Court concerned for trial u/s. 304A of IPC .

(2.) The facts in brief are that in connection with a vehicular accident that took place on 21/9/2017, a complaint being C.R. No. I - 94 of 2017 came to be registered with Vadi Police Station, Vadodara City u/s. 279 and 304 of IPC and Ss. 177 , 184 and 134 of the Motor Vehicles Act. In the said vehicular accident, the father of the applicant herein passed away. The offending vehicle, i.e. an Eicher Tempo, was driven by respondent No.2 herein. At the end of investigation, charge- sheet was filed before the concerned trial Court and the case was committed to the Sessions Court concerned.

(3.) During the course of proceedings before the Sessions Court, the Public Prosecutor concerned preferred application Exhibit-5 stating that the case involves offence punishable u/s. 304A of IPC and no ingredients of Sec. 304 of IPC are satisfied or disclosed and thereby, requested to remit the case to the Magisterial Court concerned for trial. After hearing both the sides, the Court below allowed application Exhibit-5 and remitted the case to the Magisterial Court by way of the impugned order. Hence, this revision application.